After demanding $4 billion for the Xbox, Motorola now also wants 2.25% of Microsoft Surface Revenue


The trial between Microsoft and Google/Motorola has kicked off today, and as an opening gambit Motorola has filed a brief demanding 2.25% of Microsoft’s Surface revenue.

In a brief filed in advance of the trial, Motorola contends that 802.11 WiFi technologies are critical to Surface, because it doesn’t have an Ethernet port or cellular broadband, saying

“Microsoft’s new Surface tablet will use only 802.11, instead of cellular or wired connections, to connect to the internet. Without 802.11 capability, the Surface tablet would be unable to compete in the market, because consumers can readily select tablet devices other than the Surface that have 802.11 capability.”

Getting their claim in early, Motorola’s lawyers also noted that Microsoft “apparently is working on its own smartphone, which undoubtedly will have Wi-Fi capabilities,” citing a Wall Street Journal story as evidence.

On the stand Windows executive Jon DeVaan acknowledged that Surface incorporates H.264 video technologies but argues that Motorola’s original offer to license patents to Microsoft for 2.25 percent of the end product price was outrageous — potentially totalling $4 billion a year — considering Motorola’s promise to standards bodies to offer access to the “standard essential” patents on fair and reasonable terms.

Motorola contends that Microsoft gave up its right to a reasonable royalty by filing the lawsuit in response to Motorola’s initial royalty demand.

Read more at Geekwire here.

  • jason

    Google is high.

  • redtidal

    Wow, just…wow.

  • J A

    Google is not getting anything they are dreaming about. The courts will refer the case back to FRAND as the established global rules of engagement for patents otherwise patent managment will become a big problem allover but I trust the courts know this. Google is extremely evil, the DoJ should rip them apart.

  • disqustingtard

    Google is a horrid, awful company.

  • David

    Google become lame and lamer everyday.
    They can’t make money from their own crappy services which is always in beta and want to rip off others.
    I hope court shows that Google can’t be a pirate and evil more than what they are now.

  • jimski27

    Ok, I do believe in being fairly compensated for patents (and digital rights) but Motorola’s reasoning is one of the stupidist things I have ever read.

  • Martyn Metalous

    Google, what ever happened to do no evil? Joke this company.

    • Gavin Tom

      Don’t not be evil?

  • Breakingillusions

    another reason to hate google Fgoogle

  • amnesia

    Dear Google, just die already.

  • Nitesh Maharaj

    How can you charge a patent royalty based on a percentage of the retail price of the product? If I made a gold and diamond tablet and sold it for hundreds of thousands of dollars, I suppose Motorola would want more, even though it has nothing to do with their technology.

    The fact of the matter is Google knew Motorola was dead in the water, and they’re not even working with them to create brilliant devices. All Google wanted was to make use of Motorola’s patents. Google’s “Do No Evil” motto is a load of crap.

  • Windows 8

    So just as was being talked about in circles of Google’s fan circles, Motorola has jumped in with a lawsuit.
    this proves for a certain trtuth that google is afraid of Surface and thus wants to barge in. !!
    They use every bodies technology without any royalties etc !! but just like apple want to dissuade other companies to challenge them !
    That is a pity and I am disgusted by that !